In 2016, Denmark introduced the “temporary” border control. According to EU law, the decision must be exceptional, strictly limited in time and as a last resort. However, seven years have passed since then, and now the EU Commission has launched an official investigation into the legality of the “temporary” border control.
The starting point in the Schengen rules is that controls at the internal borders – that is, at the borders between the countries participating in the cooperation – are illegal.
In April 2022, the Court of Justice of the European Union issued a judgment that states that border controls cannot be extended time and time again with reference to the same threat.
The Justice Minister acknowledged that the legality of border controls is “fraught with considerable uncertainty”.
